Although it may not seem like it yet, warm weather is right around the corner and that means people will soon be hitting the waterways. It is often overlooked that boating under the influence is a crime in Massachusetts. In fact, Massachusetts has one of the strictest criminal statutes for BUI in the country. MGL Chapter 90B Section 8 states that “No person shall operate a vessel in the waters of the associated free state with a percentage, by weight, of alcohol in the blood of eight hundredths or more, or while such person is under the influence of alcoholic beverages.” . liquor or marijuana, narcotics, depressants or stimulants”. In addition, the criminal penalty for boating under the influence is a fine of up to $1,000 and/or imprisonment of up to two and a half years.
A final consideration is whether it is a post BUI. Boating under the influence The severity of the punishments increases if the defendant has been previously convicted within the previous six or ten years for offenses 4 and 5. In practical terms this means that the prosecutor must have a second trial if convicted of a BUI in the first trial, this is what is known as a bifurcated trial. The prosecutor in this second trial has to prove beyond a reasonable doubt that you are, in fact, the one who has been previously convicted. Proof of the back is often done through certified court documents, live testimony, and checking motor vehicle records. Again, this element tends to be hyper-technical and requires an experienced attorney to combat. Below is a list of penalties for subsequent BUI violations.
PENALTIES BUI/BOATING UNDER THE INFLUENCE IN MASSACHUSETTS
PENALTY IF 2ND OFFENSE BUI WITHIN 6 YEARS
Incarceration in House of Correction: Not less than 14 days, not more than 2 ½ years Fine: $300-$1,000
PENALTY 3RD OFFENSE BUI WITHIN 6 YEARS
Imprisonment in the House of Correction: Not less than 180 days, not more than 2 ½ years
Fine: $500-$1,000
PENALTY 4TH OFFENSE BUI WITHIN 10 Years
Incarceration in House of Correction: Not less than 2 years (1 year Mandatory Minimum), not more than 10 years state prison
Fine: $500-$1,000
SANCTION 5TH OFFENSE BUI WITHIN 10 Years
Incarceration in House of Correction: Not less than 2 ½ years (24 months Mandatory Minimum), not more than 10 years
Fine: $1000-$1500